DeKalb County Product Liability Lawyer

From the stove that a person uses to cook meals to the cars that are used for transportation, there are a wide variety of products manufactured by a company. The companies generally have a legal duty under the law to produce a product that is safe. When a product malfunctions, and injures a user, that user typically has the ability to file for compensation. These demands for compensation often must stem from a physical injury.  Damages in such cases may include coverage for medical bills, lost earning power, and even emotional distress. However, product liability cases are frequently complex. They may involve producing evidence that a product was either designed with a flaw or was manufactured poorly and that caused the injury. That is why it is important to work with a well-versed DeKalb County product liability lawyer.

A skilled injury lawyer could help injured individuals hold negligent manufacturers responsible in civil court for their damages. He or she could examine the facts surrounding a person’s case and potentially work to demonstrate how a negligent action of a manufacturer may have led to the injury suffered by the claimant.

Proving a Case in DeKalb County

Manufacturers often have a legal duty to produce a product that typically will not harm a user. If this product does fail, and a user is injured, he or she can take the maker to court alleging that the product caused his or her injury. This claim generally must follow one of two theories.

Defective Product Design

The first theory generally alleges that the company’s design for the product was defective. In other words, even if the product was used correctly, and made to specifications, there was a fatal flaw in the way that it was designed. This could include injuries due to the way a car is built that leads a driver to lose control or a fire that could spring up from appliances because of a poorly designed motor.

Incorrect Assembling of a Product

The second theory alleges that the product was not properly assembled. Here, the plaintiff typically must introduce evidence that there was an error made when the item was put together that resulted in an unsafe product. This does not allege that the product cannot be safe, but instead that the product was unsafe as presented to the buyer.

Any user of a defective product may file a lawsuit under these theories if he or she is injured. The one exception to this rule may include the statute of repose. This Georgia law, contained in O.C.G.A. §51-1-11, says that a plaintiff may only bring a suit within ten years of the product being sold as new. This could have an especially harsh effect on plaintiffs who are injured by defects present in older cars.

Ways that Companies May Defend Product Liability Cases

Every case is unique, but some common defenses are used by companies to defeat claims of product liability. Perhaps the most common is that the injured person may not have been using the item as intended. For example, if someone is injured by his or her oven after leaving it open as a heat source during winter, the maker of that oven may argue that the oven is not intended to be used as a heater.

The accused company may also argue that the injury suffered by the plaintiff was a stated side effect. This is especially common in cases alleging an injury due to a defective prescription drug, but it also may apply to other products where a risk of injury is an accepted part of using the product.

Finally, defendants may argue for a case to be thrown out of court because the plaintiff waited too long to file the case. All personal injury cases are controlled by Georgia’s statute of limitations. According to O.C.G.A. §9-3-33, any case alleging a personal injury typically must be in court within two years of the date of injury. If this time passes, and the case is not yet in court, the plaintiff may be unable to recover any compensation. To fight any argument a defendant may try to make in response to a claim, as a result, it could be important to work with a team of savvy DeKalb County product liability lawyers who could counter these claims.

Let a DeKalb County Product Liability Attorney Be an Advocate

Companies in Georgia and throughout the country often have a legal duty to provide products that are safe. If a product causes an injury, either through a design defect or a manufacturing error, the injured individuals generally have the right to demand compensation. These injuries could occur in any number of ways, but as long as they are the result of a person using the item as intended, the maker may be held liable in court. A DeKalb County product liability lawyer could help you throughout the process to get the justice you deserve. Call today.

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